Fuller

This appeal is from a judgment in favor of the plaintiff in an action brought by her to enjoin the defendants Montafi, Giudici, and Donati from committing waste, consisting in the cutting by them of tan-oak timber upon certain lands and premises of which the plaintiff was the owner of an undivided interest as a tenant in common with one Kneeland L. Fuller, her son, who owned the other undivided interest therein. The said plaintiff did not join her said son as a party plaintiff in the action but the defendants undertook to make him a party thereto through the filing of a cross-complaint in which he was named as a cross-defendant. In their answer herein the defendants denied generally and specifically the averments of the plaintiff’s complaint as to her ownership of the premises in question and as to any damage caused by their acts in cutting the tan-oak timber upon the same. In their cross-complaint the said defendants set forth affirmatively that they had gone into the possession of said premises, and had cut and carried away certain tan-oak bark under and by virtue of a contract in writing between themselves and said Kneeland L. Fuller giving them the right so to. do; and they…